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      12-19-2018, 04:11 PM   #1
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Class Action Lawsuit

hey guys, i just recently came across this online. this will probably benefit owners like me living in california. by now, we are all aware of the problems and some went the tune route. for californians we are limited on what we can and cannot do but we are also protected by couple of laws that will benefit us more than any other states. so...
i'm going for it ! i would love to hear your thoughts and feedbacks.
thanks


BMW Sued by U.S. Diesel Drivers Over Emissions-Test Cheating

by Kartikay Mehrotra

BMW AG joined the growing list of carmakers sued by U.S. drivers for installing software designed to cheat diesel-emissions tests.

https://www.bloomberg.com/news/artic...-s-diesel-cars
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      12-19-2018, 04:42 PM   #2
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What are you exactly trying to do from this?
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      12-19-2018, 08:50 PM   #3
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Quote:
Originally Posted by 335dlci View Post
What are you exactly trying to do from this?
I would assume the OP is hoping for a sweet buyback or fix+restitution deal like the affected TDI owners got.

Per the case (https://www.courthousenews.com/wp-co...018/03/bmw.pdf), the specific relief sought that would directly impact M57 owners is listed on page 235, namely:

Quote:
C. Injunctive relief in the form of a recall or free replacement program;

D. Restitution, including at the election of Class members, recovery of the purchase price of their Polluting BMW Vehicles, or the overpayment or diminution in value of their Polluting BMW Vehicles
I'm just not sure if they have data as solid as EPA and CARB had on VW. This case seems to be piling on Bosch more than anything.

I guess we'll see.
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      12-19-2018, 11:40 PM   #4
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Fake news.
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      12-20-2018, 08:56 AM   #5
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Quote:
Originally Posted by Yozh View Post
Fake news.
Well, no. There IS actually a class-action lawsuit filed against BMW on behalf of owners alleging that they sold cars to consumers that polluted more than they claimed, cheated on emissions testing, etc. What there ISN'T is a lawsuit filed by the federal government against the automaker alleging violations of the Clean Air Act a la VW Group. The reason VW consumers got a buyback/settlement offer is because that lawsuit had the full weight of the United States Government and its Environmental Protection Agency (with all of its enforcement powers) behind it to get those vehicles off the road or fixed.

This lawsuit against BMW has all the weight of some vehicle owners ALLEGING that they didn't get what they were promised and hoping to get some sweet settlement money to shut them up by thinking that BMW is scared enough to pay out to shut some people up because they saw what happened to VW. Actually, more accurately, a bunch of attorneys are hoping this because in a class-action suit, they get paid first and whatever is left, is divided amongst the plaintiffs. This is why you may have gotten a check from XMSirius a few years back for $4.76 and some attorneys in California are snorting rails off the hoods of their Bentley.
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      12-20-2018, 09:01 AM   #6
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Quote:
Originally Posted by PerfectAce View Post
Well, no. There IS actually a class-action lawsuit filed against BMW on behalf of owners alleging that they sold cars to consumers that polluted more than they claimed, cheated on emissions testing, etc. What there ISN'T is a lawsuit filed by the federal government against the automaker alleging violations of the Clean Air Act a la VW Group. The reason VW consumers got a buyback/settlement offer is because that lawsuit had the full weight of the United States Government and its Environmental Protection Agency (with all of its enforcement powers) behind it to get those vehicles off the road or fixed.

This lawsuit against BMW has all the weight of some vehicle owners ALLEGING that they didn't get what they were promised and hoping to get some sweet settlement money to shut them up by thinking that BMW is scared enough to pay out to shut some people up because they saw what happened to VW. Actually, more accurately, a bunch of attorneys are hoping this because in a class-action suit, they get paid first and whatever is left, is divided amongst the plaintiffs. This is why you may have gotten a check from XMSirius a few years back for $4.76 and some attorneys in California are snorting rails off the hoods of their Bentley.
excellent explanation and clarification for those thinking they can score big checks out of this.. highly unlikely.
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      12-20-2018, 10:13 AM   #7
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I want to snort rails off the hoods of a Bentley!
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      12-20-2018, 10:33 AM   #8
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I want to snort rails off the hoods of a Bentley!
Step 1: Go to law school.
Step 2: Lose all of your morality.
Step 3: Practice personal injury law.
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      12-20-2018, 01:22 PM   #9
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will trade 335d for law school!

i can already feel my throat getting numb from the success !

life goals
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      12-20-2018, 02:50 PM   #10
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The VW settlement for my deleted TDI helped fund the 335D project
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      12-21-2018, 06:23 AM   #11
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Quote:
Originally Posted by DieselOG View Post
The VW settlement for my deleted TDI helped fund the 335D project
mine fully paid for my 335d!
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      12-23-2018, 02:42 PM   #12
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These people are absolutely crazy and stupid.
Who gives a fuck if the car polluted more than it was supposed to?
Why are these SJW taking on such a fight anyway?
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      01-12-2019, 03:31 AM   #13
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Quote:
Originally Posted by BlueHen335d View Post
I would assume the OP is hoping for a sweet buyback or fix+restitution deal like the affected TDI owners got.

Per the case (https://www.courthousenews.com/wp-co...018/03/bmw.pdf), the specific relief sought that would directly impact M57 owners is listed on page 235, namely:



I'm just not sure if they have data as solid as EPA and CARB had on VW. This case seems to be piling on Bosch more than anything.

I guess we'll see.

yes that is exactly the plan.
the manipulation is actually believable to certain extent. these cars legitimately are hacked from the get-go to be on the road. the detail argument stated that these vehicles were not meant to be released like candy bars to the open market because of the poison they produced by default on the road every time we crank the pedal. for some or most, money spent to fix just the emmission system problems on these diesels itself is pretty much a heist.
this is not fake news. this is an ongoing partnership between the diesel owners itself that recognize the real truth behind the manipulation. they just don't wake up one day and decided they want to go after the giant. its all about personal preference.

the update so far is that the legal counsel have taken the lead in the process and is moving forward and joining many others in this same situations. i have nothing to lose and a lot to gain from this experience. thus i am taking my chances like the others.
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      01-12-2019, 03:34 AM   #14
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Quote:
Originally Posted by 335stoner View Post
mine fully paid for my 335d!
if i were in texas, i would've have a paid off and tuned 335d also...
but the reality is in california its certainly not texas...
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      01-12-2019, 03:35 AM   #15
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Quote:
Originally Posted by DieselOG View Post
The VW settlement for my deleted TDI helped fund the 335D project
Aha ! the few and the proud...
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      01-12-2019, 03:37 AM   #16
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Quote:
Originally Posted by DieselDemonDM View Post
excellent explanation and clarification for those thinking they can score big checks out of this.. highly unlikely.
find a really good lawyer that loves to snort of bentleys and surely nothing is impossible
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      01-13-2019, 02:12 AM   #17
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Fiat and I believe Bosch as well were just sued by the Federal Govt and EPA for their "emissions defeating software" on the ecodiesels in Jeep Grand Cherokees and Ram 1500's. Im looking at recieving either 2600 or 3000(depending if previous owner files a claim or not). Part of the stipulations are that owners must take their vehicle in to be re-flashed with the updated legal software in order to recieve restitution. So the fully deleted guys who don't work on their vehicles probably won't recieve anything since labor and the hassle won't be worth the payout.
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      01-14-2019, 06:10 PM   #18
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Quote:
Originally Posted by Lego864 View Post
Fiat and I believe Bosch as well were just sued by the Federal Govt and EPA for their "emissions defeating software" on the ecodiesels in Jeep Grand Cherokees and Ram 1500's. Im looking at recieving either 2600 or 3000(depending if previous owner files a claim or not). Part of the stipulations are that owners must take their vehicle in to be re-flashed with the updated legal software in order to recieve restitution. So the fully deleted guys who don't work on their vehicles probably won't recieve anything since labor and the hassle won't be worth the payout.
good for you man..
i mean 3000 is 3000
in california, especially, its almost impossible to do the full deletes on the 335d not because its not impossible or no resources but it is so because of the emission testings or smog check that have to be done every other year. in essence, the lawsuit 'suits' me and my scenario very well. the deleted guys just won't have a chance bandwagoning on the lawsuit unless they bring them all to stock mode.
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      01-15-2019, 09:30 PM   #19
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Pretty crazy how common these emission cheats have turned out to be. I could see the dilemma a little more with an EGR/DPF only solution like VW, but it doesn't make much sense on vehicles already fitted with SCR systems.
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      01-16-2019, 07:36 AM   #20
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They're just trying to get rid of diesels all together in the US and they're doing a good job of it.
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      01-16-2019, 08:08 AM   #21
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Quote:
Originally Posted by dixy2k View Post
These people are absolutely crazy and stupid.
Who gives a fuck if the car polluted more than it was supposed to?
Why are these SJW taking on such a fight anyway?
Lmao you serious right now? Hey somebody/automaker broke the law. Who gives a fuck right?
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      01-17-2019, 10:53 AM   #22
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This is not fake news, I'm part of the suit as a "Class Representative"
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